STATE v. SIMMELINK

Nos. 81-11911; 81-12433; CA A27169.

668 P.2d 477 (1983)

64 Or.App. 465

STATE of Oregon, Appellant, v. Michael Jan SIMMELINK, Respondent.

Court of Appeals of Oregon.

Decided August 31, 1983.

Reconsideration Denied October 14, 1983.


Attorney(s) appearing for the Case

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

James J. Roberson, Lake Oswego, argued the cause for respondent. With him on the brief was Mark N. Kemberling, Lake Oswego.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

The state appeals the trial court's dismissal of two criminal charges on the basis that there had been "prosecutor misconduct" in the case between the time the charges were brought and the time they were set for trial. We reverse and remand for trial.

Defendant was charged with driving under the influence of intoxicants and escape in the third degree. After he was arraigned, but before either charge was set for trial, defendant filed...

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